The Progressive favors extending the legal institution of marriage so as to include same-sex unions along with heterosexual ones. The Traditionalist opposes such an extension, preferring to retain the legal institution of marriage in its present form. I argue that the Progressive ought to broaden her position, endorsing instead the Liberal case for extending the current institution so as to include polygamous unions as well—for any consideration favoring Progressivism over Traditionalism likewise favors Liberalism over Progressivism. Progressives inclined to resist Liberalism (...) are invited to consider an alternative position: the Libertarian stance that favors instead the ‘disestablishment’ of marriage. (shrink)

The “new natural lawyers” (NNLs) are a prolific group of philosophers, theologians, and political theorists that includes John Finnis, Robert George, Patrick Lee, Gerard Bradley, and Germain Grisez, among others. These thinkers have devoted themselves to developing and defending a traditional sexual ethic according to which homosexual sexual acts are immoral per se and marriage ought to remain an exclusively heterosexual institution. The sterility objection holds that the NNLs are guilty of making an arbitrary and irrational distinction between same-sex couples (...) and sterile heterosexual couples. The NNLs believe that it is a necessary condition for two people’s being morally and legally entitled to get married that they be able to perform sexual acts that are “suited to procreating.” But sterile heterosexual couples are incapable of performing such acts. Therefore, it should follow from the NNLs’ own premises that sterile heterosexual couples are not entitled to marry. But the NNLs do not draw this conclusion. Instead, they maintain that sterile heterosexuals can marry while denying that the same is true of same-sex couples. The sterility objection claims the NNLs are being inconsistent in treating the two kinds of couples differently. Although the sterility objection has been endorsed by recent critics, I don’t think it has yet been adequately defended. The NNLs have responded by arguing that there is a sense in which the sex acts of sterile heterosexual couples are as suited to reproduction as those of fertile heterosexuals. Thus they maintain that the distinction they draw between the two kinds of couple has a rational basis. A successful defense of the sterility objection must show that this response on the part of the NNLs fails. Such is the task I undertake in this paper. I argue that the NNLs’ response fails because acts of penile-vaginal intercourse between sterile heterosexuals lack the actual causal power to produce conception that sexual acts need to be considered truly reproductive, and because their assumption that penile-vaginal intercourse always functions reproductively is bad biology. (shrink)

Should a person who feels his legal age does not correspond with his experienced age be allowed to change his legal age? In this paper, I argue that in some cases people should be allowed to change their legal age. Such cases would be when: 1) the person genuinely feels his age differs significantly from his chronological age and 2) the person’s biological age is recognized to be significantly different from his chronological age and 3) age change would likely prevent, (...) stop or reduce ageism, discrimination due to age, he would otherwise face. I also consider some objections against the view that people should be allowed to change their legal age and find them lacking. (shrink)

This is a review of the book by John Corvino and Maggie Gallagher, _Debating Same-Sex Marriage_.

Can and should political liberals recognize and otherwise support legal marriage as a matter of basic justice? In this article, we offer a general account of how political liberals should evaluate the issue of whether the legal recognition of marriage is a matter of basic justice. And, we develop and examine some public reason arguments that, given the fundamental interests of citizens, could justify various forms of legal marriage in some contexts. In particular, in certain conditions, the recognition of some (...) form of legal marriage may be the best way to protect the fundamental interests of women as citizens in freely chosen associations. Or, it may be that, in certain conditions, to secure the social conditions necessary for gays, lesbians and bisexuals to be free and equal citizens, some form of legal marriage can or should be recognized. (shrink)

Recent changes in the politics of gay rights have led to a gay rights demand for liberal governments: i) decriminalization of sodomy and ii) full governmental recognition of civil, same-sex marriages. Challengers to liberalism argue that a neutral liberalism cannot satisfy the gay rights demand. I argue that the liberal political framework put forth by Ronald Dworkin can adequately fulfill the gay rights demand. Dworkinian liberalism, which is neutral with respect to the ethical life, need not be neutral with respect (...) to moral and non-ethical values. I argue for the more modest claim that Dworkinian liberalism has the conceptual tools and principles for satisfying the gay rights demand. In arguing for my claim, I discuss the internal criticisms of Carlos Ball and Michael Sandel and the external criticism of John Finnis. I argue that these concerns are surmountable. Dworkinian liberalism is capable of offering a robust defense of same-sex relations. (shrink)

For the past several years the issue of homosexual marriage has been at the forefront of an often intense debate in American political culture. Those who oppose the policy have, by and large, been in the majority. But in America, majority decisions are not automatically legal; such status is obtained only when policies are not in conflict with the Constitution. With that in mind, this paper aims to show how not allowing homosexual marriage can amount to an unconstitutional endorsement of (...) religion. To accomplish this I will first examine the main arguments presented against the policy by the defenders of “traditional” marriage and show how they fail. With the main arguments undercut, opponents of gay marriage must have either no real basis for their position, or make their arguments from within specific comprehensive doctrines- a phenomenon widespread enough to possibly constitute a violation of the first amendment. (shrink)

In “Confucianism and Same-Sex Marriage,” published recently in Politics and Religion, Professor Tongdong Bai argues for a “moderate Confucian position on same-sex marriage,” one that supports its legalization and yet endeavors “to use public opinion and social and political policies to encourage heterosexual marriages, and to prevent same-sex marriages from becoming the majority form of marriages” (Bai 2021:146). Against the backdrop of downright homophobia prevalent among vocal Confucians in mainland China today, Bai claims that his pro-legalization rendition “show[s] a different (...) version of Confucianism that challenges the received perception of Confucianism that it is deeply conservative, a perception that often lies at the core of the rejection of its contemporary relevance, especially by the so-called ‘liberals’ in China and elsewhere” (Bai 2021:133). Furthermore, Bai claims that his moderate Confucianism is normatively preferrable to “the typical liberal or individualist position” of a marriage equality supporter, because the specter of polygamy – the conservative trope of invoking polygamy as a reductio ad absurdum against same-sex marriage – imposes “a serious challenge” to liberals but not to moderate Confucians (Bai 2021:146, 153). -/- Both of Bai’s claims falter upon scrutiny, however. Granted, it is applaudable that Bai tries to dissuade his more conservative Confucian colleagues from opposing the legalization of same-sex marriage. But as Section 1 of this Response will show, the alternative rendition of Confucianism he presents, along with the way he presents it, is premised on a highly contested conception of what shared Confucian values are; does injustice to Confucians who embrace marriage equality more unreservedly (i.e., without caveats à la Bai); fails to produce new arguments that “enrich the theoretical basis for same-sex marriage” (Bai 2021:133); and, ironically, reinforces – rather than “challenges” – the “received perception” of Confucianism as deeply conservative. Meanwhile, Section 2 will show that Bai’s comparison between liberalism and moderate Confucianism relies both upon an apparent unfamiliarity with the extensive and nuanced liberal discussions on polygamy, and upon fallacious methods of assessing comparative normative valence. -/- Finally, Section 3 will offer some concluding thoughts from the perspective of decolonial theory, examining the dynamic of spectacularized postcoloniality that propels the production and consumption of dubious theoretical projects like Bai’s. As it turns out, this case serves not only as a cautionary tale of how not to conduct comparative normative theorizing, but also as a cautionary tale of how not to let the spectacle of postcoloniality derail the pursuit of academic decolonization. (shrink)

Practical wisdom (hereafter simply “wisdom”) is the intellectual virtue that enables a person to make reliably good decisions about how, all-things-considered, to live and conduct herself. Because wisdom is such an important and high-level achievement, we should wonder: what is the nature of wisdom? What kinds of skills, habits and capacities does it involve? Can real people actually develop it? If so, how? I argue that we can answer these questions by modeling wisdom on expert decision-making skill in complex areas (...) like firefighting. I develop this expert skill model of wisdom using philosophical argument informed by relevant empirical research. I begin in Chapter 1 by examining the historical roots of analogies between wisdom and practical skills in order to motivate the expert skill model. In Chapter 2, I provide the core argument for the expert skill model. I then use the remaining chapters to pull out the implications of the expert skill model. In Chapter 3, I show that the expert skill model yields practical guidance about how to develop wisdom. In Chapter 4, I address the objection, due to Daniel Jacobson, that wisdom is not a skill that humans could actually develop, since skill development requires a kind of feedback in practice that is not available for all-things-considered decisions about how to live. Finally, in Chapter 5, I apply the expert skill model to the question, much discussed by virtue ethicists, of whether a wise person deliberates using a comprehensive and systematic conception of the good life. (shrink)

There is not only moral disagreement among ordinary people: there is also moral disagreement among philosophers. Since philosophers might seem to be in the best possible position to reach the truth about morality, such disagreement may suggest that either there is no single truth about morality, or at least if there is, it is unknowable. The goal of this paper is to rebut this argument: the best explanation of moral disagreement among philosophers is quite compatible with the thesis that many (...) moral truths are widely known. (shrink)